Illinois 2025-2026 Regular Session

Illinois House Bill HB3157 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3157 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: See Index Amends the Firearm Owners Identification Card Act. Provides that in cases in which a person who has had his or her Firearm Owner's Identification Card revoked or denied because he or she was a patient in a mental health facility and who has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others to receive a restoration of his or her right to obtain a Firearm Owner's Identification Card shall provide all collateral records to the physician, clinical psychologist, or qualified examiner making the certification and the person shall attest, by signature, that all collateral records have been provided to the evaluator prior to the mental health evaluation. In the definitions of "clinical psychologist", "physician", and "qualified examiner", provides that these persons conducting the mental health examinations shall be up to date on their continuing education and must possess a valid certification from the Department of Financial and Professional Regulation. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department shall be entitled to inspect and copy a recipient record or any part thereof upon the presentation of a Department subpoena. Provides that a subpoena for records issued to a federally assisted substance use disorder program must be accompanied by a court order if required by 42 CFR 2.66. Provides that the Department of Human Services shall notify recipients upon receiving records obtained via subpoena. Nothing in this Act prohibits the use of a recipients records in an administrative proceeding conducted by the Department. Amends various Acts to make conforming changes. LRB104 10710 BDA 20789 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3157 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: See Index See Index Amends the Firearm Owners Identification Card Act. Provides that in cases in which a person who has had his or her Firearm Owner's Identification Card revoked or denied because he or she was a patient in a mental health facility and who has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others to receive a restoration of his or her right to obtain a Firearm Owner's Identification Card shall provide all collateral records to the physician, clinical psychologist, or qualified examiner making the certification and the person shall attest, by signature, that all collateral records have been provided to the evaluator prior to the mental health evaluation. In the definitions of "clinical psychologist", "physician", and "qualified examiner", provides that these persons conducting the mental health examinations shall be up to date on their continuing education and must possess a valid certification from the Department of Financial and Professional Regulation. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department shall be entitled to inspect and copy a recipient record or any part thereof upon the presentation of a Department subpoena. Provides that a subpoena for records issued to a federally assisted substance use disorder program must be accompanied by a court order if required by 42 CFR 2.66. Provides that the Department of Human Services shall notify recipients upon receiving records obtained via subpoena. Nothing in this Act prohibits the use of a recipients records in an administrative proceeding conducted by the Department. Amends various Acts to make conforming changes. LRB104 10710 BDA 20789 b LRB104 10710 BDA 20789 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3157 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Firearm Owners Identification Card Act. Provides that in cases in which a person who has had his or her Firearm Owner's Identification Card revoked or denied because he or she was a patient in a mental health facility and who has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others to receive a restoration of his or her right to obtain a Firearm Owner's Identification Card shall provide all collateral records to the physician, clinical psychologist, or qualified examiner making the certification and the person shall attest, by signature, that all collateral records have been provided to the evaluator prior to the mental health evaluation. In the definitions of "clinical psychologist", "physician", and "qualified examiner", provides that these persons conducting the mental health examinations shall be up to date on their continuing education and must possess a valid certification from the Department of Financial and Professional Regulation. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department shall be entitled to inspect and copy a recipient record or any part thereof upon the presentation of a Department subpoena. Provides that a subpoena for records issued to a federally assisted substance use disorder program must be accompanied by a court order if required by 42 CFR 2.66. Provides that the Department of Human Services shall notify recipients upon receiving records obtained via subpoena. Nothing in this Act prohibits the use of a recipients records in an administrative proceeding conducted by the Department. Amends various Acts to make conforming changes.
6	6	LRB104 10710 BDA 20789 b LRB104 10710 BDA 20789 b
7	7	LRB104 10710 BDA 20789 b
8	8	A BILL FOR
9	9	HB3157LRB104 10710 BDA 20789 b HB3157 LRB104 10710 BDA 20789 b
10	10	HB3157 LRB104 10710 BDA 20789 b
11	11	1 AN ACT concerning safety.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Clinical Psychologist Licensing Act is
15	15	5 amended by changing Section 13 and by adding Section 12.1 as
16	16	6 follows:
17	17	7 (225 ILCS 15/12.1 new)
18	18	8 Sec. 12.1. Firearm Owners Identification Card Act;
19	19	9 certification.
20	20	10 (a) A clinical psychologist who performs mental health
21	21	11 evaluations under subsection (u) of Section 8 of the Firearm
22	22	12 Owners Identification Card Act must obtain a certification
23	23	13 from the Department, to be renewed per license year, that the
24	24	14 clinical psychologist has completed all trainings as provided
25	25	15 by this Section.
26	26	16 (b) The Department shall adopt rules of continuing
27	27	17 education for clinical psychologists who perform mental health
28	28	18 evaluations under subsection (u) of Section 8 of the Firearm
29	29	19 Owners Identification Card Act to require 6 hours of
30	30	20 continuing education per license year, in addition to any
31	31	21 other continuing education requirements as required by law. In
32	32	22 establishing these rules, the Department shall consider and
33	33	23 incorporate guidance from the Illinois State Police and
34	34
35	35
36	36
37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3157 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Firearm Owners Identification Card Act. Provides that in cases in which a person who has had his or her Firearm Owner's Identification Card revoked or denied because he or she was a patient in a mental health facility and who has received a mental health evaluation by a physician, clinical psychologist, or qualified examiner as those terms are defined in the Mental Health and Developmental Disabilities Code, and has received a certification that he or she is not a clear and present danger to himself, herself, or others to receive a restoration of his or her right to obtain a Firearm Owner's Identification Card shall provide all collateral records to the physician, clinical psychologist, or qualified examiner making the certification and the person shall attest, by signature, that all collateral records have been provided to the evaluator prior to the mental health evaluation. In the definitions of "clinical psychologist", "physician", and "qualified examiner", provides that these persons conducting the mental health examinations shall be up to date on their continuing education and must possess a valid certification from the Department of Financial and Professional Regulation. Amends the Mental Health and Developmental Disabilities Confidentiality Act. Provides that an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department shall be entitled to inspect and copy a recipient record or any part thereof upon the presentation of a Department subpoena. Provides that a subpoena for records issued to a federally assisted substance use disorder program must be accompanied by a court order if required by 42 CFR 2.66. Provides that the Department of Human Services shall notify recipients upon receiving records obtained via subpoena. Nothing in this Act prohibits the use of a recipients records in an administrative proceeding conducted by the Department. Amends various Acts to make conforming changes.
41	41	LRB104 10710 BDA 20789 b LRB104 10710 BDA 20789 b
42	42	LRB104 10710 BDA 20789 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	See Index
50	50
51	51
52	52
53	53	LRB104 10710 BDA 20789 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB3157 LRB104 10710 BDA 20789 b
64	64
65	65
66	66	HB3157- 2 -LRB104 10710 BDA 20789 b HB3157 - 2 - LRB104 10710 BDA 20789 b
67	67	HB3157 - 2 - LRB104 10710 BDA 20789 b
68	68	1 Illinois Department of Public Health. The rules shall be
69	69	2 consistent with best practices relating to firearm safety and
70	70	3 shall include, but are not limited to, education of the
71	71	4 Firearm Owners Identification Card Act, safe storage of
72	72	5 firearms, risks of firearms to individuals who are a clear and
73	73	6 present risk to themselves or others, and actions that can be
74	74	7 taken to alert law enforcement of individuals who own firearms
75	75	8 and pose a clear and present risk to themselves or others. The
76	76	9 Department shall periodically update the curriculum of
77	77	10 continuing education as it sees fit, but, at a minimum, shall
78	78	11 update the curriculum every 4 years.
79	79	12 (c) The Department shall develop and disseminate
80	80	13 educational materials relating to this continuing education,
81	81	14 and shall provide this continuing education as an additional
82	82	15 option whenever the continuing education under Section 13 of
83	83	16 this Act is provided.
84	84	17 (d) The Department shall certify each clinical
85	85	18 psychologist who has completed this continuing education for
86	86	19 the license year as qualified to conduct mental health
87	87	20 evaluations under subsection (u) of Section 8 of the Firearm
88	88	21 Owners Identification Card Act. A clinical psychologist who is
89	89	22 not certified by the Department shall not conduct such mental
90	90	23 health evaluations. The Department shall maintain records of
91	91	24 certification and shall provide unrestricted access to such
92	92	25 records with the Firearms Record Challenge Unit of the
93	93	26 Illinois State Police.
94	94
95	95
96	96
97	97
98	98
99	99	HB3157 - 2 - LRB104 10710 BDA 20789 b
100	100
101	101
102	102	HB3157- 3 -LRB104 10710 BDA 20789 b HB3157 - 3 - LRB104 10710 BDA 20789 b
103	103	HB3157 - 3 - LRB104 10710 BDA 20789 b
104	104	1 (e) The cost of enrolling in this continuing education
105	105	2 shall be set by the Department, by rule, and the Department of
106	106	3 Human Services shall reimburse the Department, the Illinois
107	107	4 State Police, and the Department of Public Health for the
108	108	5 development, administration, and maintenance of such
109	109	6 continuing education and any continuing education materials.
110	110	7 (225 ILCS 15/13) (from Ch. 111, par. 5363)
111	111	8 (Section scheduled to be repealed on January 1, 2027)
112	112	9 Sec. 13. License renewal; restoration.
113	113	10 (a) The expiration date and renewal period for each
114	114	11 license issued under this Act shall be set by rule. Every
115	115	12 holder of a license under this Act may renew such license
116	116	13 during the 90-day period immediately preceding the expiration
117	117	14 date thereof upon payment of the required renewal fees and
118	118	15 demonstrating compliance with any continuing education
119	119	16 requirements. The Department shall adopt rules establishing
120	120	17 minimum requirements of continuing education and means for
121	121	18 verification of the completion of the continuing education
122	122	19 requirements. The Department may, by rule, specify
123	123	20 circumstances under which the continuing education
124	124	21 requirements may be waived. Under no circumstances shall the
125	125	22 continuing education requirements in Section 12.1 be waived.
126	126	23 A clinical psychologist who has permitted his or her
127	127	24 license to expire or who has had his or her license on inactive
128	128	25 status may have his or her license restored by making
129	129
130	130
131	131
132	132
133	133
134	134	HB3157 - 3 - LRB104 10710 BDA 20789 b
135	135
136	136
137	137	HB3157- 4 -LRB104 10710 BDA 20789 b HB3157 - 4 - LRB104 10710 BDA 20789 b
138	138	HB3157 - 4 - LRB104 10710 BDA 20789 b
139	139	1 application to the Department and filing proof acceptable to
140	140	2 the Department, as defined by rule, of his or her fitness to
141	141	3 have his or her license restored, including evidence
142	142	4 certifying to active practice in another jurisdiction
143	143	5 satisfactory to the Department and by paying the required
144	144	6 restoration fee.
145	145	7 If the clinical psychologist has not maintained an active
146	146	8 practice in another jurisdiction satisfactory to the
147	147	9 Department, the Board shall determine, by an evaluation
148	148	10 program established by rule, his or her fitness to resume
149	149	11 active status and may require the clinical psychologist to
150	150	12 complete a period of supervised professional experience and
151	151	13 may require successful completion of an examination.
152	152	14 However, any clinical psychologist whose license expired
153	153	15 while he or she was (1) in Federal Service on active duty with
154	154	16 the Armed Forces of the United States, or the State Militia
155	155	17 called into service or training, or (2) in training or
156	156	18 education under the supervision of the United States
157	157	19 preliminary to induction into the military service, may have
158	158	20 his or her license renewed or restored without paying any
159	159	21 lapsed renewal fees if within 2 years after honorable
160	160	22 termination of such service, training or education he or she
161	161	23 furnishes the Department with satisfactory evidence to the
162	162	24 effect that he or she has been so engaged and that his or her
163	163	25 service, training or education has been so terminated.
164	164	26 (b) Notwithstanding any other provision of law, the
165	165
166	166
167	167
168	168
169	169
170	170	HB3157 - 4 - LRB104 10710 BDA 20789 b
171	171
172	172
173	173	HB3157- 5 -LRB104 10710 BDA 20789 b HB3157 - 5 - LRB104 10710 BDA 20789 b
174	174	HB3157 - 5 - LRB104 10710 BDA 20789 b
175	175	1 following requirements for restoration of an inactive or
176	176	2 expired license of less than 5 years as set forth in subsection
177	177	3 (a) are suspended for any licensed clinical psychologist who
178	178	4 has had no disciplinary action taken against his or her
179	179	5 license in this State or in any other jurisdiction during the
180	180	6 entire period of licensure: proof of fitness, certification of
181	181	7 active practice in another jurisdiction, and the payment of a
182	182	8 renewal fee. An individual may not restore his or her license
183	183	9 in accordance with this subsection more than once.
184	184	10 (Source: P.A. 102-1053, eff. 6-10-22.)
185	185	11 Section 10. The Clinical Social Work and Social Work
186	186	12 Practice Act is amended by changing Section 11 and by adding
187	187	13 Section 12.1 as follows:
188	188	14 (225 ILCS 20/11) (from Ch. 111, par. 6361)
189	189	15 (Section scheduled to be repealed on January 1, 2028)
190	190	16 Sec. 11. Licenses; renewal; restoration; person in
191	191	17 military service; inactive status.
192	192	18 (a) The expiration date and renewal period for each
193	193	19 license issued under this Act shall be set by rule. The
194	194	20 licensee may renew a license during the 60-day period
195	195	21 preceding its expiration date by paying the required fee and
196	196	22 by demonstrating compliance with any continuing education
197	197	23 requirements. The Department shall adopt rules establishing
198	198	24 minimum requirements of continuing education and means for
199	199
200	200
201	201
202	202
203	203
204	204	HB3157 - 5 - LRB104 10710 BDA 20789 b
205	205
206	206
207	207	HB3157- 6 -LRB104 10710 BDA 20789 b HB3157 - 6 - LRB104 10710 BDA 20789 b
208	208	HB3157 - 6 - LRB104 10710 BDA 20789 b
209	209	1 verification of the completion of the continuing education
210	210	2 requirements. The Department may, by rule, specify
211	211	3 circumstances under which the continuing education
212	212	4 requirements may be waived. Under no circumstances shall the
213	213	5 continuing education requirements in Section 12.1 be waived.
214	214	6 (b) Any person who has permitted a license to expire or who
215	215	7 has a license on inactive status may have it restored by
216	216	8 submitting an application to the Department and filing proof
217	217	9 of fitness, as defined by rule, to have the license restored,
218	218	10 including, if appropriate, evidence which is satisfactory to
219	219	11 the Department certifying the active practice of clinical
220	220	12 social work or social work in another jurisdiction and by
221	221	13 paying the required fee.
222	222	14 (b-5) If the person has not maintained an active practice
223	223	15 in another jurisdiction which is satisfactory to the
224	224	16 Department, the Department shall determine the person's
225	225	17 fitness to resume active status. The Department may also
226	226	18 require the person to complete a specific period of evaluated
227	227	19 clinical social work or social work experience and may require
228	228	20 successful completion of an examination for clinical social
229	229	21 workers.
230	230	22 (b-7) Notwithstanding any other provision of this Act, any
231	231	23 person whose license expired while on active duty with the
232	232	24 armed forces of the United States, while called into service
233	233	25 or training with the State Militia or in training or education
234	234	26 under the supervision of the United States government prior to
235	235
236	236
237	237
238	238
239	239
240	240	HB3157 - 6 - LRB104 10710 BDA 20789 b
241	241
242	242
243	243	HB3157- 7 -LRB104 10710 BDA 20789 b HB3157 - 7 - LRB104 10710 BDA 20789 b
244	244	HB3157 - 7 - LRB104 10710 BDA 20789 b
245	245	1 induction into the military service may have the person's
246	246	2 license restored without paying any renewal fees if, within 2
247	247	3 years after the honorable termination of that service,
248	248	4 training or education, except under conditions other than
249	249	5 honorable, the Department is furnished with satisfactory
250	250	6 evidence that the person has been so engaged and that the
251	251	7 service, training or education has been so terminated.
252	252	8 (c) A license to practice shall not be denied any
253	253	9 applicant because of the applicant's race, religion, creed,
254	254	10 national origin, political beliefs or activities, age, sex,
255	255	11 sexual orientation, or physical impairment.
256	256	12 (d) (Blank).
257	257	13 (e) (Blank).
258	258	14 (f) (Blank).
259	259	15 (g) The Department shall indicate on each license the
260	260	16 academic degree of the licensee.
261	261	17 (h) Notwithstanding any other provision of law, the
262	262	18 following requirements for restoration of an inactive or
263	263	19 expired license of 5 years or less as set forth in subsections
264	264	20 (b) and (b-5) are suspended for any licensed clinical social
265	265	21 worker who has had no disciplinary action taken against the
266	266	22 licensed clinical social worker's license in this State or in
267	267	23 any other jurisdiction during the entire period of licensure:
268	268	24 proof of fitness, certification of active practice in another
269	269	25 jurisdiction, and the payment of a fee or renewal fee. An
270	270	26 individual may not restore the individual's license in
271	271
272	272
273	273
274	274
275	275
276	276	HB3157 - 7 - LRB104 10710 BDA 20789 b
277	277
278	278
279	279	HB3157- 8 -LRB104 10710 BDA 20789 b HB3157 - 8 - LRB104 10710 BDA 20789 b
280	280	HB3157 - 8 - LRB104 10710 BDA 20789 b
281	281	1 accordance with this subsection more than once.
282	282	2 (Source: P.A. 102-326, eff. 1-1-22; 102-1053, eff. 6-10-22;
283	283	3 103-1048, eff. 1-1-25.)
284	284	4 (225 ILCS 20/12.1 new)
285	285	5 Sec. 12.1. Firearm Owners Identification Card Act;
286	286	6 certification.
287	287	7 (a) A clinical social worker who performs mental health
288	288	8 evaluations under subsection (u) of Section 8 of the Firearm
289	289	9 Owners Identification Card Act must obtain a certification
290	290	10 from the Department, to be renewed per license year, that the
291	291	11 clinical social worker has completed all trainings as provided
292	292	12 by this Section.
293	293	13 (b) The Department shall promulgate rules of continuing
294	294	14 education for clinical social workers who perform mental
295	295	15 health evaluations under subsection (u) of Section 8 of the
296	296	16 Firearm Owners Identification Card Act to require 6 hours of
297	297	17 continuing education per license year, in addition to any
298	298	18 other continuing education requirements as required by law. In
299	299	19 establishing these rules, the Department shall consider and
300	300	20 incorporate guidance from the Illinois State Police and
301	301	21 Illinois Department of Public Health. The rules shall be
302	302	22 consistent with best practices relating to firearm safety and
303	303	23 shall include, but are not limited to, education of the
304	304	24 Firearm Owners Identification Card Act, safe storage of
305	305	25 firearms, risks of firearms to individuals who are a clear and
306	306
307	307
308	308
309	309
310	310
311	311	HB3157 - 8 - LRB104 10710 BDA 20789 b
312	312
313	313
314	314	HB3157- 9 -LRB104 10710 BDA 20789 b HB3157 - 9 - LRB104 10710 BDA 20789 b
315	315	HB3157 - 9 - LRB104 10710 BDA 20789 b
316	316	1 present risk to themselves or others, and actions that can be
317	317	2 taken to alert law enforcement of individuals who own firearms
318	318	3 and pose a clear and present risk to themselves or others. The
319	319	4 Department shall periodically update the curriculum of
320	320	5 continuing education as it sees fit, but, at a minimum, shall
321	321	6 update the curriculum every 4 years.
322	322	7 (c) The Department shall develop and disseminate
323	323	8 educational materials relating to this continuing education,
324	324	9 and shall provide this continuing education as an additional
325	325	10 option whenever the continuing education under Section 11 of
326	326	11 this Act is provided.
327	327	12 (d) The Department shall certify each clinical social
328	328	13 worker who has completed this continuing education for the
329	329	14 license year as qualified to conduct mental health evaluations
330	330	15 under subsection (u) of Section 8 of the Firearm Owners
331	331	16 Identification Card Act. A clinical social worker who is not
332	332	17 certified by the Department shall not conduct such mental
333	333	18 health evaluations. The Department shall maintain records of
334	334	19 certification and shall provide unrestricted access to such
335	335	20 records with the Firearms Record Challenge Unit of the
336	336	21 Illinois State Police.
337	337	22 (e) The cost of enrolling in this continuing education
338	338	23 shall be set by the Department, by rule, and the Department of
339	339	24 Human Services shall reimburse the Department, the Illinois
340	340	25 State Police, and the Department of Public Health for the
341	341	26 development, administration, and maintenance of such
342	342
343	343
344	344
345	345
346	346
347	347	HB3157 - 9 - LRB104 10710 BDA 20789 b
348	348
349	349
350	350	HB3157- 10 -LRB104 10710 BDA 20789 b HB3157 - 10 - LRB104 10710 BDA 20789 b
351	351	HB3157 - 10 - LRB104 10710 BDA 20789 b
352	352	1 continuing education and any continuing education materials.
353	353	2 Section 15. The Marriage and Family Therapy Licensing Act
354	354	3 is amended by adding Section 50.1 as follows:
355	355	4 (225 ILCS 55/50.1 new)
356	356	5 Sec. 50.1. Firearm Owners Identification Card Act;
357	357	6 certification.
358	358	7 (a) Any marriage or family therapist who performs mental
359	359	8 health evaluations under subsection (u) of Section 8 of the
360	360	9 Firearm Owners Identification Card Act must obtain a
361	361	10 certification from the Department, to be renewed per 2-year
362	362	11 license year, that the marriage or family therapist has
363	363	12 completed all trainings as provided by this Section.
364	364	13 (b) The Department shall promulgate rules of continuing
365	365	14 education for marriage or family therapists who perform mental
366	366	15 health evaluations under subsection (u) of Section 8 of the
367	367	16 Firearm Owners Identification Card Act to require 6 hours of
368	368	17 continuing education per license year, in addition to any
369	369	18 other continuing education requirements as required by law. In
370	370	19 establishing these rules, the Department shall consider and
371	371	20 incorporate guidance from the Illinois State Police and
372	372	21 Illinois Department of Public Health. The rules shall be
373	373	22 consistent with best practices relating to firearm safety and
374	374	23 shall include, but are not limited to, education of the
375	375	24 Firearm Owners Identification Card Act, safe storage of
376	376
377	377
378	378
379	379
380	380
381	381	HB3157 - 10 - LRB104 10710 BDA 20789 b
382	382
383	383
384	384	HB3157- 11 -LRB104 10710 BDA 20789 b HB3157 - 11 - LRB104 10710 BDA 20789 b
385	385	HB3157 - 11 - LRB104 10710 BDA 20789 b
386	386	1 firearms, risks of firearms to individuals who are a clear and
387	387	2 present risk to themselves or others, and actions that can be
388	388	3 taken to alert law enforcement of individuals who own firearms
389	389	4 and pose a clear and present risk to themselves or others. The
390	390	5 Department shall periodically update the curriculum of
391	391	6 continuing education as it sees fit, but, at a minimum, shall
392	392	7 update the curriculum every 4 years.
393	393	8 (c) The Department shall develop and disseminate
394	394	9 educational materials relating to this continuing education,
395	395	10 and shall provide this continuing education as an additional
396	396	11 option whenever the continuing education under Section 45 of
397	397	12 this Act is provided.
398	398	13 (d) The Department shall certify each marriage or family
399	399	14 therapist who has completed this continuing education for the
400	400	15 license year as qualified to conduct mental health evaluations
401	401	16 under subsection (u) of Section 8 of the Firearm Owners
402	402	17 Identification Card Act. A marriage or family therapist who is
403	403	18 not certified by the Department shall not conduct such mental
404	404	19 health evaluations. The Department shall maintain records of
405	405	20 certification and shall provide unrestricted access to such
406	406	21 records with the Firearms Record Challenge Unit of the
407	407	22 Illinois State Police.
408	408	23 (e) The cost of enrolling in this continuing education
409	409	24 shall be set by the Department, by rule, and the Department of
410	410	25 Human Services shall reimburse the Department, the Illinois
411	411	26 State Police, and the Department of Public Health for the
412	412
413	413
414	414
415	415
416	416
417	417	HB3157 - 11 - LRB104 10710 BDA 20789 b
418	418
419	419
420	420	HB3157- 12 -LRB104 10710 BDA 20789 b HB3157 - 12 - LRB104 10710 BDA 20789 b
421	421	HB3157 - 12 - LRB104 10710 BDA 20789 b
422	422	1 development, administration, and maintenance of such
423	423	2 continuing education and any continuing education materials.
424	424	3 Section 20. The Medical Practice Act of 1987 is amended by
425	425	4 changing Section 20 and by adding Section 11.2 as follows:
426	426	5 (225 ILCS 60/11.2 new)
427	427	6 Sec. 11.2. Firearm Owners Identification Card Act;
428	428	7 certification.
429	429	8 (a) A physician who performs mental health evaluations
430	430	9 under subsection (u) of Section 8 of the Firearm Owners
431	431	10 Identification Card Act must obtain a certification from the
432	432	11 Department, to be renewed per license year, that the physician
433	433	12 has completed all trainings as provided by this Section.
434	434	13 (b) The Department shall promulgate rules of continuing
435	435	14 education for physicians who perform mental health evaluations
436	436	15 under subsection (u) of Section 8 of the Firearm Owners
437	437	16 Identification Card Act that require 6 hours of continuing
438	438	17 education per license year. In establishing these rules, the
439	439	18 Department shall consider and incorporate guidance from the
440	440	19 Illinois State Police and Illinois Department of Public
441	441	20 Health. The rules shall be consistent with best practices
442	442	21 relating to firearm safety and shall include, but are not
443	443	22 limited to, education of the Firearm Owners Identification
444	444	23 Card Act, safe storage of firearms, risks of firearms to
445	445	24 individuals who are a clear and present risk to themselves or
446	446
447	447
448	448
449	449
450	450
451	451	HB3157 - 12 - LRB104 10710 BDA 20789 b
452	452
453	453
454	454	HB3157- 13 -LRB104 10710 BDA 20789 b HB3157 - 13 - LRB104 10710 BDA 20789 b
455	455	HB3157 - 13 - LRB104 10710 BDA 20789 b
456	456	1 others, and actions that can be taken to alert law enforcement
457	457	2 of individuals who own firearms and pose a clear and present
458	458	3 risk to themselves or others. The Department shall
459	459	4 periodically update the curriculum of continuing education as
460	460	5 it sees fit, but, at a minimum, shall update the curriculum
461	461	6 every 4 years.
462	462	7 (c) The Department shall develop and disseminate
463	463	8 educational materials relating to this continuing education,
464	464	9 and shall provide this continuing education as an additional
465	465	10 option whenever the continuing education under Section 20 of
466	466	11 this Act is provided.
467	467	12 (d) The Department shall certify each physician who has
468	468	13 completed this continuing education for the license year as
469	469	14 qualified to conduct mental health evaluations under
470	470	15 subsection (u) of Section 8 of the Firearm Owners
471	471	16 Identification Card Act. A physician who is not certified by
472	472	17 the Department shall not conduct such mental health
473	473	18 evaluations. The Department shall maintain records of
474	474	19 certification and shall provide unrestricted access to such
475	475	20 records with the Firearms Record Challenge Unit of the
476	476	21 Illinois State Police.
477	477	22 (e) The cost of enrolling in this continuing education
478	478	23 shall be set by the Department, by rule, and the Department of
479	479	24 Human Services shall reimburse the Department, the Illinois
480	480	25 State Police, and the Department of Public Health for the
481	481	26 development, administration, and maintenance of such
482	482
483	483
484	484
485	485
486	486
487	487	HB3157 - 13 - LRB104 10710 BDA 20789 b
488	488
489	489
490	490	HB3157- 14 -LRB104 10710 BDA 20789 b HB3157 - 14 - LRB104 10710 BDA 20789 b
491	491	HB3157 - 14 - LRB104 10710 BDA 20789 b
492	492	1 continuing education and any continuing education materials.
493	493	2 (225 ILCS 60/20) (from Ch. 111, par. 4400-20)
494	494	3 (Section scheduled to be repealed on January 1, 2027)
495	495	4 Sec. 20. Continuing education.
496	496	5 (a) The Department shall promulgate rules of continuing
497	497	6 education for persons licensed under this Act that require an
498	498	7 average of 50 hours of continuing education per license year.
499	499	8 These rules shall be consistent with requirements of relevant
500	500	9 professional associations, specialty societies, or boards. The
501	501	10 rules shall also address variances in part or in whole for good
502	502	11 cause, including, but not limited to, temporary illness or
503	503	12 hardship. In establishing these rules, the Department shall
504	504	13 consider educational requirements for medical staffs,
505	505	14 requirements for specialty society board certification or for
506	506	15 continuing education requirements as a condition of membership
507	507	16 in societies representing the 2 categories of licensee under
508	508	17 this Act. These rules shall assure that licensees are given
509	509	18 the opportunity to participate in those programs sponsored by
510	510	19 or through their professional associations or hospitals which
511	511	20 are relevant to their practice. Each licensee is responsible
512	512	21 for maintaining records of completion of continuing education
513	513	22 and shall be prepared to produce the records when requested by
514	514	23 the Department.
515	515	24 (b) The continuing education under Section 11.2 shall be
516	516	25 an additional requirement, in addition to the continuing
517	517
518	518
519	519
520	520
521	521
522	522	HB3157 - 14 - LRB104 10710 BDA 20789 b
523	523
524	524
525	525	HB3157- 15 -LRB104 10710 BDA 20789 b HB3157 - 15 - LRB104 10710 BDA 20789 b
526	526	HB3157 - 15 - LRB104 10710 BDA 20789 b
527	527	1 education under subsection (a) of this Section, offered only
528	528	2 to physicians who conduct mental health evaluations under
529	529	3 subsection (u) of Section 8 of the Firearm Owners
530	530	4 Identification Card Act.
531	531	5 (Source: P.A. 97-622, eff. 11-23-11.)
532	532	6 Section 25. The Nurse Practice Act is amended by changing
533	533	7 Section 60-40 and by adding Section 60-45 as follows:
534	534	8 (225 ILCS 65/60-40)
535	535	9 (Section scheduled to be repealed on January 1, 2028)
536	536	10 Sec. 60-40. Continuing education for RN licensees. The
537	537	11 Department may adopt rules of continuing education for
538	538	12 registered professional nurses licensed under this Act that
539	539	13 require 20 hours of continuing education per 2-year license
540	540	14 renewal cycle. The rules shall address variances in part or in
541	541	15 whole for good cause, including without limitation illness or
542	542	16 hardship. The continuing education rules must ensure that
543	543	17 licensees are given the opportunity to participate in programs
544	544	18 sponsored by or through their State or national professional
545	545	19 associations, hospitals, or other providers of continuing
546	546	20 education. The continuing education rules must allow for a
547	547	21 licensee to complete all required hours of continuing
548	548	22 education in an online format. Each licensee is responsible
549	549	23 for maintaining records of completion of continuing education
550	550	24 and shall be prepared to produce the records when requested by
551	551
552	552
553	553
554	554
555	555
556	556	HB3157 - 15 - LRB104 10710 BDA 20789 b
557	557
558	558
559	559	HB3157- 16 -LRB104 10710 BDA 20789 b HB3157 - 16 - LRB104 10710 BDA 20789 b
560	560	HB3157 - 16 - LRB104 10710 BDA 20789 b
561	561	1 the Department. The Department shall provide the additional
562	562	2 continuing education as provided in Section 60-45 in a similar
563	563	3 manner to the education provided by this Section, except that
564	564	4 the continuing education as provided in Section 60-45 must
565	565	5 include all educational materials developed by the Department,
566	566	6 the Illinois State Police, and the Illinois Department of
567	567	7 Public Health, as provided by subsection (b) of that Section.
568	568	8 (Source: P.A. 101-655, eff. 3-12-21.)
569	569	9 (225 ILCS 65/60-45 new)
570	570	10 Sec. 60-45. Firearm Owners Identification Card Act;
571	571	11 certification.
572	572	12 (a) A registered nurse who performs mental health
573	573	13 evaluations under subsection (u) of Section 8 of the Firearm
574	574	14 Owners Identification Card Act must obtain a certification
575	575	15 from the Department, to be renewed per 2-year license year,
576	576	16 that the registered nurse has completed all trainings as
577	577	17 provided by this Section.
578	578	18 (b) The Department shall adopt rules of continuing
579	579	19 education for registered nurses who perform mental health
580	580	20 evaluations under subsection (u) of Section 8 of the Firearm
581	581	21 Owners Identification Card Act to require 6 hours of
582	582	22 continuing education per license year, in addition to any
583	583	23 other continuing education requirements as required by law. In
584	584	24 establishing these rules, the Department shall consider and
585	585	25 incorporate guidance from the Illinois State Police and
586	586
587	587
588	588
589	589
590	590
591	591	HB3157 - 16 - LRB104 10710 BDA 20789 b
592	592
593	593
594	594	HB3157- 17 -LRB104 10710 BDA 20789 b HB3157 - 17 - LRB104 10710 BDA 20789 b
595	595	HB3157 - 17 - LRB104 10710 BDA 20789 b
596	596	1 Illinois Department of Public Health. The rules shall be
597	597	2 consistent with best practices relating to firearm safety and
598	598	3 shall include, but are not limited to, education of the
599	599	4 Firearm Owners Identification Card Act, safe storage of
600	600	5 firearms, risks of firearms to individuals who are a clear and
601	601	6 present risk to themselves or others, and actions that can be
602	602	7 taken to alert law enforcement of individuals who own firearms
603	603	8 and pose a clear and present risk to themselves or others. The
604	604	9 Department shall periodically update the curriculum of
605	605	10 continuing education as it sees fit, but, at a minimum, shall
606	606	11 update the curriculum every 4 years.
607	607	12 (c) The Department shall develop and disseminate
608	608	13 educational materials relating to this continuing education,
609	609	14 and shall provide this continuing education as an additional
610	610	15 option whenever the continuing education under Section 60-40
611	611	16 of this Act is provided.
612	612	17 (d) The Department shall certify each registered nurse who
613	613	18 has completed this continuing education for the license year
614	614	19 as qualified to conduct mental health evaluations under
615	615	20 subsection (u) of Section 8 of the Firearm Owners
616	616	21 Identification Card Act. A registered nurse who is not
617	617	22 certified by the Department shall not conduct such mental
618	618	23 health evaluations. The Department shall maintain records of
619	619	24 certification and shall provide unrestricted access to such
620	620	25 records with the Firearms Record Challenge Unit of the
621	621	26 Illinois State Police.
622	622
623	623
624	624
625	625
626	626
627	627	HB3157 - 17 - LRB104 10710 BDA 20789 b
628	628
629	629
630	630	HB3157- 18 -LRB104 10710 BDA 20789 b HB3157 - 18 - LRB104 10710 BDA 20789 b
631	631	HB3157 - 18 - LRB104 10710 BDA 20789 b
632	632	1 (e) The cost of enrolling in this continuing education
633	633	2 shall be set by the Department, by rule, and the Department of
634	634	3 Human Services shall reimburse the Department, the Illinois
635	635	4 State Police, and the Department of Public Health for the
636	636	5 development, administration, and maintenance of such
637	637	6 continuing education and any continuing education materials.
638	638	7 Section 30. The Professional Counselor and Clinical
639	639	8 Professional Counselor Licensing and Practice Act is amended
640	640	9 by adding Section 55.1 as follows:
641	641	10 (225 ILCS 107/55.1 new)
642	642	11 Sec. 55.1. Firearm Owners Identification Card Act;
643	643	12 certification
644	644	13 (a) A clinical professional counselor who performs mental
645	645	14 health evaluations under subsection (u) of Section 8 of the
646	646	15 Firearm Owners Identification Card Act must obtain a
647	647	16 certification from the Department, to be renewed per 2-year
648	648	17 license year, that the clinical professional counselor has
649	649	18 completed all trainings as provided by this Section.
650	650	19 (b) The Department shall promulgate rules of continuing
651	651	20 education for clinical professional counselors who perform
652	652	21 mental health evaluations under subsection (u) of Section 8 of
653	653	22 the Firearm Owners Identification Card Act to require 6 hours
654	654	23 of continuing education per license year, in addition to any
655	655	24 other continuing education requirements as required by law. In
656	656
657	657
658	658
659	659
660	660
661	661	HB3157 - 18 - LRB104 10710 BDA 20789 b
662	662
663	663
664	664	HB3157- 19 -LRB104 10710 BDA 20789 b HB3157 - 19 - LRB104 10710 BDA 20789 b
665	665	HB3157 - 19 - LRB104 10710 BDA 20789 b
666	666	1 establishing these rules, the Department shall consider and
667	667	2 incorporate guidance from the Illinois State Police and
668	668	3 Illinois Department of Public Health. The rules shall be
669	669	4 consistent with best practices relating to firearm safety and
670	670	5 shall include, but are not limited to, education of the
671	671	6 Firearm Owners Identification Card Act, safe storage of
672	672	7 firearms, risks of firearms to individuals who are a clear and
673	673	8 present risk to themselves or others, and actions that can be
674	674	9 taken to alert law enforcement of individuals who own firearms
675	675	10 and pose a clear and present risk to themselves or others. The
676	676	11 Department shall periodically update the curriculum of
677	677	12 continuing education as it sees fit, but, at a minimum, shall
678	678	13 update the curriculum every 4 years.
679	679	14 (c) The Department shall develop and disseminate
680	680	15 educational materials relating to this continuing education,
681	681	16 and shall provide this continuing education as an additional
682	682	17 option whenever the continuing education under Section 50 of
683	683	18 this Act is provided.
684	684	19 (d) The Department shall certify each clinical
685	685	20 professional counselor who has completed this continuing
686	686	21 education for the license year as qualified to conduct mental
687	687	22 health evaluations under subsection (u) of Section 8 of the
688	688	23 Firearm Owners Identification Card Act. A clinical
689	689	24 professional counselor who is not certified by the Department
690	690	25 shall not conduct such mental health evaluations. The
691	691	26 Department shall maintain records of certification and shall
692	692
693	693
694	694
695	695
696	696
697	697	HB3157 - 19 - LRB104 10710 BDA 20789 b
698	698
699	699
700	700	HB3157- 20 -LRB104 10710 BDA 20789 b HB3157 - 20 - LRB104 10710 BDA 20789 b
701	701	HB3157 - 20 - LRB104 10710 BDA 20789 b
702	702	1 provide unrestricted access to such records with the Firearms
703	703	2 Record Challenge Unit of the Illinois State Police.
704	704	3 (e) The cost of enrolling in this continuing education
705	705	4 shall be set by the Department, by rule, and the Department of
706	706	5 Human Services shall reimburse the Department of Public Health
707	707	6 for the development, administration, and maintenance of such
708	708	7 continuing education and any continuing education materials.
709	709	8 Section 35. The Firearm Owners Identification Card Act is
710	710	9 amended by changing Sections 1.1 and 8 as follows:
711	711	10 (430 ILCS 65/1.1)
712	712	11 Sec. 1.1. For purposes of this Act:
713	713	12 "Addicted to narcotics" means a person who has been:
714	714	13 (1) convicted of an offense involving the use or
715	715	14 possession of cannabis, a controlled substance, or
716	716	15 methamphetamine within the past year; or
717	717	16 (2) determined by the Illinois State Police to be
718	718	17 addicted to narcotics based upon federal law or federal
719	719	18 guidelines.
720	720	19 "Addicted to narcotics" does not include possession or use
721	721	20 of a prescribed controlled substance under the direction and
722	722	21 authority of a physician or other person authorized to
723	723	22 prescribe the controlled substance when the controlled
724	724	23 substance is used in the prescribed manner.
725	725	24 "Adjudicated as a person with a mental disability" means
726	726
727	727
728	728
729	729
730	730
731	731	HB3157 - 20 - LRB104 10710 BDA 20789 b
732	732
733	733
734	734	HB3157- 21 -LRB104 10710 BDA 20789 b HB3157 - 21 - LRB104 10710 BDA 20789 b
735	735	HB3157 - 21 - LRB104 10710 BDA 20789 b
736	736	1 the person is the subject of a determination by a court, board,
737	737	2 commission or other lawful authority that the person, as a
738	738	3 result of marked subnormal intelligence, or mental illness,
739	739	4 mental impairment, incompetency, condition, or disease:
740	740	5 (1) presents a clear and present danger to himself,
741	741	6 herself, or to others;
742	742	7 (2) lacks the mental capacity to manage his or her own
743	743	8 affairs or is adjudicated a person with a disability as
744	744	9 defined in Section 11a-2 of the Probate Act of 1975;
745	745	10 (3) is not guilty in a criminal case by reason of
746	746	11 insanity, mental disease or defect;
747	747	12 (3.5) is guilty but mentally ill, as provided in
748	748	13 Section 5-2-6 of the Unified Code of Corrections;
749	749	14 (4) is incompetent to stand trial in a criminal case;
750	750	15 (5) is not guilty by reason of lack of mental
751	751	16 responsibility under Articles 50a and 72b of the Uniform
752	752	17 Code of Military Justice, 10 U.S.C. 850a, 876b;
753	753	18 (6) is a sexually violent person under subsection (f)
754	754	19 of Section 5 of the Sexually Violent Persons Commitment
755	755	20 Act;
756	756	21 (7) is a sexually dangerous person under the Sexually
757	757	22 Dangerous Persons Act;
758	758	23 (8) is unfit to stand trial under the Juvenile Court
759	759	24 Act of 1987;
760	760	25 (9) is not guilty by reason of insanity under the
761	761	26 Juvenile Court Act of 1987;
762	762
763	763
764	764
765	765
766	766
767	767	HB3157 - 21 - LRB104 10710 BDA 20789 b
768	768
769	769
770	770	HB3157- 22 -LRB104 10710 BDA 20789 b HB3157 - 22 - LRB104 10710 BDA 20789 b
771	771	HB3157 - 22 - LRB104 10710 BDA 20789 b
772	772	1 (10) is subject to involuntary admission as an
773	773	2 inpatient as defined in Section 1-119 of the Mental Health
774	774	3 and Developmental Disabilities Code;
775	775	4 (11) is subject to involuntary admission as an
776	776	5 outpatient as defined in Section 1-119.1 of the Mental
777	777	6 Health and Developmental Disabilities Code;
778	778	7 (12) is subject to judicial admission as set forth in
779	779	8 Section 4-500 of the Mental Health and Developmental
780	780	9 Disabilities Code; or
781	781	10 (13) is subject to the provisions of the Interstate
782	782	11 Agreements on Sexually Dangerous Persons Act.
783	783	12 "Clear and present danger" means a person who:
784	784	13 (1) communicates a serious threat of physical violence
785	785	14 against a reasonably identifiable victim or poses a clear
786	786	15 and imminent risk of serious physical injury to himself,
787	787	16 herself, or another person as determined by a physician,
788	788	17 clinical psychologist, or qualified examiner; or
789	789	18 (2) demonstrates threatening physical or verbal
790	790	19 behavior, such as violent, suicidal, or assaultive
791	791	20 threats, actions, or other behavior, as determined by a
792	792	21 physician, clinical psychologist, qualified examiner,
793	793	22 school administrator, or law enforcement official.
794	794	23 "Clinical psychologist" has the meaning provided in
795	795	24 Section 1-103 of the Mental Health and Developmental
796	796	25 Disabilities Code, except that any clinical psychologist who
797	797	26 conducts mental health evaluations under subsection (u) of
798	798
799	799
800	800
801	801
802	802
803	803	HB3157 - 22 - LRB104 10710 BDA 20789 b
804	804
805	805
806	806	HB3157- 23 -LRB104 10710 BDA 20789 b HB3157 - 23 - LRB104 10710 BDA 20789 b
807	807	HB3157 - 23 - LRB104 10710 BDA 20789 b
808	808	1 Section 8 of this Act shall be up to date on the clinical
809	809	2 psychologist's continuing education and must possess a valid
810	810	3 certification, as provided by Section 12.1 of the Clinical
811	811	4 Psychologist Licensing Act, from the Illinois Department of
812	812	5 Financial and Professional Regulation..
813	813	6 "Controlled substance" means a controlled substance or
814	814	7 controlled substance analog as defined in the Illinois
815	815	8 Controlled Substances Act.
816	816	9 "Counterfeit" means to copy or imitate, without legal
817	817	10 authority, with intent to deceive.
818	818	11 "Developmental disability" means a severe, chronic
819	819	12 disability of an individual that:
820	820	13 (1) is attributable to a mental or physical impairment
821	821	14 or combination of mental and physical impairments;
822	822	15 (2) is manifested before the individual attains age
823	823	16 22;
824	824	17 (3) is likely to continue indefinitely;
825	825	18 (4) results in substantial functional limitations in 3
826	826	19 or more of the following areas of major life activity:
827	827	20 (A) Self-care.
828	828	21 (B) Receptive and expressive language.
829	829	22 (C) Learning.
830	830	23 (D) Mobility.
831	831	24 (E) Self-direction.
832	832	25 (F) Capacity for independent living.
833	833	26 (G) Economic self-sufficiency; and
834	834
835	835
836	836
837	837
838	838
839	839	HB3157 - 23 - LRB104 10710 BDA 20789 b
840	840
841	841
842	842	HB3157- 24 -LRB104 10710 BDA 20789 b HB3157 - 24 - LRB104 10710 BDA 20789 b
843	843	HB3157 - 24 - LRB104 10710 BDA 20789 b
844	844	1 (5) reflects the individual's need for a combination
845	845	2 and sequence of special, interdisciplinary, or generic
846	846	3 services, individualized supports, or other forms of
847	847	4 assistance that are of lifelong or extended duration and
848	848	5 are individually planned and coordinated.
849	849	6 "Federally licensed firearm dealer" means a person who is
850	850	7 licensed as a federal firearms dealer under Section 923 of the
851	851	8 federal Gun Control Act of 1968 (18 U.S.C. 923).
852	852	9 "Firearm" means any device, by whatever name known, which
853	853	10 is designed to expel a projectile or projectiles by the action
854	854	11 of an explosion, expansion of gas or escape of gas; excluding,
855	855	12 however:
856	856	13 (1) any pneumatic gun, spring gun, paint ball gun, or
857	857	14 B-B gun which expels a single globular projectile not
858	858	15 exceeding .18 inch in diameter or which has a maximum
859	859	16 muzzle velocity of less than 700 feet per second;
860	860	17 (1.1) any pneumatic gun, spring gun, paint ball gun,
861	861	18 or B-B gun which expels breakable paint balls containing
862	862	19 washable marking colors;
863	863	20 (2) any device used exclusively for signaling or
864	864	21 safety and required or recommended by the United States
865	865	22 Coast Guard or the Interstate Commerce Commission;
866	866	23 (3) any device used exclusively for the firing of stud
867	867	24 cartridges, explosive rivets or similar industrial
868	868	25 ammunition; and
869	869	26 (4) an antique firearm (other than a machine-gun)
870	870
871	871
872	872
873	873
874	874
875	875	HB3157 - 24 - LRB104 10710 BDA 20789 b
876	876
877	877
878	878	HB3157- 25 -LRB104 10710 BDA 20789 b HB3157 - 25 - LRB104 10710 BDA 20789 b
879	879	HB3157 - 25 - LRB104 10710 BDA 20789 b
880	880	1 which, although designed as a weapon, the Illinois State
881	881	2 Police finds by reason of the date of its manufacture,
882	882	3 value, design, and other characteristics is primarily a
883	883	4 collector's item and is not likely to be used as a weapon.
884	884	5 "Firearm ammunition" means any self-contained cartridge or
885	885	6 shotgun shell, by whatever name known, which is designed to be
886	886	7 used or adaptable to use in a firearm; excluding, however:
887	887	8 (1) any ammunition exclusively designed for use with a
888	888	9 device used exclusively for signaling or safety and
889	889	10 required or recommended by the United States Coast Guard
890	890	11 or the Interstate Commerce Commission; and
891	891	12 (2) any ammunition designed exclusively for use with a
892	892	13 stud or rivet driver or other similar industrial
893	893	14 ammunition.
894	894	15 "Gun show" means an event or function:
895	895	16 (1) at which the sale and transfer of firearms is the
896	896	17 regular and normal course of business and where 50 or more
897	897	18 firearms are displayed, offered, or exhibited for sale,
898	898	19 transfer, or exchange; or
899	899	20 (2) at which not less than 10 gun show vendors
900	900	21 display, offer, or exhibit for sale, sell, transfer, or
901	901	22 exchange firearms.
902	902	23 "Gun show" includes the entire premises provided for an
903	903	24 event or function, including parking areas for the event or
904	904	25 function, that is sponsored to facilitate the purchase, sale,
905	905	26 transfer, or exchange of firearms as described in this
906	906
907	907
908	908
909	909
910	910
911	911	HB3157 - 25 - LRB104 10710 BDA 20789 b
912	912
913	913
914	914	HB3157- 26 -LRB104 10710 BDA 20789 b HB3157 - 26 - LRB104 10710 BDA 20789 b
915	915	HB3157 - 26 - LRB104 10710 BDA 20789 b
916	916	1 Section. Nothing in this definition shall be construed to
917	917	2 exclude a gun show held in conjunction with competitive
918	918	3 shooting events at the World Shooting Complex sanctioned by a
919	919	4 national governing body in which the sale or transfer of
920	920	5 firearms is authorized under subparagraph (5) of paragraph (g)
921	921	6 of subsection (A) of Section 24-3 of the Criminal Code of 2012.
922	922	7 Unless otherwise expressly stated, "gun show" does not
923	923	8 include training or safety classes, competitive shooting
924	924	9 events, such as rifle, shotgun, or handgun matches, trap,
925	925	10 skeet, or sporting clays shoots, dinners, banquets, raffles,
926	926	11 or any other event where the sale or transfer of firearms is
927	927	12 not the primary course of business.
928	928	13 "Gun show promoter" means a person who organizes or
929	929	14 operates a gun show.
930	930	15 "Gun show vendor" means a person who exhibits, sells,
931	931	16 offers for sale, transfers, or exchanges any firearms at a gun
932	932	17 show, regardless of whether the person arranges with a gun
933	933	18 show promoter for a fixed location from which to exhibit,
934	934	19 sell, offer for sale, transfer, or exchange any firearm.
935	935	20 "Intellectual disability" means significantly subaverage
936	936	21 general intellectual functioning, existing concurrently with
937	937	22 deficits in adaptive behavior and manifested during the
938	938	23 developmental period, which is defined as before the age of
939	939	24 22, that adversely affects a child's educational performance.
940	940	25 "Involuntarily admitted" has the meaning as prescribed in
941	941	26 Sections 1-119 and 1-119.1 of the Mental Health and
942	942
943	943
944	944
945	945
946	946
947	947	HB3157 - 26 - LRB104 10710 BDA 20789 b
948	948
949	949
950	950	HB3157- 27 -LRB104 10710 BDA 20789 b HB3157 - 27 - LRB104 10710 BDA 20789 b
951	951	HB3157 - 27 - LRB104 10710 BDA 20789 b
952	952	1 Developmental Disabilities Code.
953	953	2 "Mental health facility" means any licensed private
954	954	3 hospital or hospital affiliate, institution, or facility, or
955	955	4 part thereof, and any facility, or part thereof, operated by
956	956	5 the State or a political subdivision thereof which provides
957	957	6 treatment of persons with mental illness and includes all
958	958	7 hospitals, institutions, clinics, evaluation facilities,
959	959	8 mental health centers, colleges, universities, long-term care
960	960	9 facilities, and nursing homes, or parts thereof, which provide
961	961	10 treatment of persons with mental illness whether or not the
962	962	11 primary purpose is to provide treatment of persons with mental
963	963	12 illness.
964	964	13 "National governing body" means a group of persons who
965	965	14 adopt rules and formulate policy on behalf of a national
966	966	15 firearm sporting organization.
967	967	16 "Noncitizen" means a person who is not a citizen of the
968	968	17 United States, but is a person who is a foreign-born person who
969	969	18 lives in the United States, has not been naturalized, and is
970	970	19 still a citizen of a foreign country.
971	971	20 "Patient" means:
972	972	21 (1) a person who is admitted as an inpatient or
973	973	22 resident of a public or private mental health facility for
974	974	23 mental health treatment under Chapter III of the Mental
975	975	24 Health and Developmental Disabilities Code as an informal
976	976	25 admission, a voluntary admission, a minor admission, an
977	977	26 emergency admission, or an involuntary admission, unless
978	978
979	979
980	980
981	981
982	982
983	983	HB3157 - 27 - LRB104 10710 BDA 20789 b
984	984
985	985
986	986	HB3157- 28 -LRB104 10710 BDA 20789 b HB3157 - 28 - LRB104 10710 BDA 20789 b
987	987	HB3157 - 28 - LRB104 10710 BDA 20789 b
988	988	1 the treatment was solely for an alcohol abuse disorder; or
989	989	2 (2) a person who voluntarily or involuntarily receives
990	990	3 mental health treatment as an out-patient or is otherwise
991	991	4 provided services by a public or private mental health
992	992	5 facility and who poses a clear and present danger to
993	993	6 himself, herself, or others.
994	994	7 "Physician" has the meaning as defined in Section 1-120 of
995	995	8 the Mental Health and Developmental Disabilities Code, except
996	996	9 that any physician who conducts mental health evaluations
997	997	10 under subsection (u) of Section 8 of this Act shall be up to
998	998	11 date on the physician's continuing education and must possess
999	999	12 a valid certification, as provided by Section 11.2 of the
1000	1000	13 Medical Practices Act of 1987, from the Illinois Department of
1001	1001	14 Financial and Professional Regulation.
1002	1002	15 "Protective order" means any orders of protection issued
1003	1003	16 under the Illinois Domestic Violence Act of 1986, stalking no
1004	1004	17 contact orders issued under the Stalking No Contact Order Act,
1005	1005	18 civil no contact orders issued under the Civil No Contact
1006	1006	19 Order Act, and firearms restraining orders issued under the
1007	1007	20 Firearms Restraining Order Act or a substantially similar
1008	1008	21 order issued by the court of another state, tribe, or United
1009	1009	22 States territory or military judge.
1010	1010	23 "Qualified examiner" has the meaning provided in Section
1011	1011	24 1-122 of the Mental Health and Developmental Disabilities
1012	1012	25 Code, except that any qualified examiner who conducts mental
1013	1013	26 health evaluations under subsection (u) of Section 8 of this
1014	1014
1015	1015
1016	1016
1017	1017
1018	1018
1019	1019	HB3157 - 28 - LRB104 10710 BDA 20789 b
1020	1020
1021	1021
1022	1022	HB3157- 29 -LRB104 10710 BDA 20789 b HB3157 - 29 - LRB104 10710 BDA 20789 b
1023	1023	HB3157 - 29 - LRB104 10710 BDA 20789 b
1024	1024	1 Act shall be up to date on the qualified examiner's continuing
1025	1025	2 education and must possess a valid certification, as provided
1026	1026	3 by the qualified examiner's relevant licensing Act, from the
1027	1027	4 Illinois Department of Financial and Professional Regulation.
1028	1028	5 "Sanctioned competitive shooting event" means a shooting
1029	1029	6 contest officially recognized by a national or state shooting
1030	1030	7 sport association, and includes any sight-in or practice
1031	1031	8 conducted in conjunction with the event.
1032	1032	9 "School administrator" means the person required to report
1033	1033	10 under the School Administrator Reporting of Mental Health
1034	1034	11 Clear and Present Danger Determinations Law.
1035	1035	12 "Stun gun or taser" has the meaning ascribed to it in
1036	1036	13 Section 24-1 of the Criminal Code of 2012.
1037	1037	14 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
1038	1038	15 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
1039	1039	16 1-1-23; 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23;
1040	1040	17 103-407, eff. 7-28-23.)
1041	1041	18 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
1042	1042	19 Sec. 8. Grounds for denial and revocation. The Illinois
1043	1043	20 State Police has authority to deny an application for or to
1044	1044	21 revoke and seize a Firearm Owner's Identification Card
1045	1045	22 previously issued under this Act only if the Illinois State
1046	1046	23 Police finds that the applicant or the person to whom such card
1047	1047	24 was issued is or was at the time of issuance:
1048	1048	25 (a) A person under 21 years of age who has been
1049	1049
1050	1050
1051	1051
1052	1052
1053	1053
1054	1054	HB3157 - 29 - LRB104 10710 BDA 20789 b
1055	1055
1056	1056
1057	1057	HB3157- 30 -LRB104 10710 BDA 20789 b HB3157 - 30 - LRB104 10710 BDA 20789 b
1058	1058	HB3157 - 30 - LRB104 10710 BDA 20789 b
1059	1059	1 convicted of a misdemeanor other than a traffic offense or
1060	1060	2 adjudged delinquent;
1061	1061	3 (b) This subsection (b) applies through the 180th day
1062	1062	4 following July 12, 2019 (the effective date of Public Act
1063	1063	5 101-80). A person under 21 years of age who does not have
1064	1064	6 the written consent of his parent or guardian to acquire
1065	1065	7 and possess firearms and firearm ammunition, or whose
1066	1066	8 parent or guardian has revoked such written consent, or
1067	1067	9 where such parent or guardian does not qualify to have a
1068	1068	10 Firearm Owner's Identification Card;
1069	1069	11 (b-5) This subsection (b-5) applies on and after the
1070	1070	12 181st day following July 12, 2019 (the effective date of
1071	1071	13 Public Act 101-80). A person under 21 years of age who is
1072	1072	14 not an active duty member of the United States Armed
1073	1073	15 Forces or the Illinois National Guard and does not have
1074	1074	16 the written consent of his or her parent or guardian to
1075	1075	17 acquire and possess firearms and firearm ammunition, or
1076	1076	18 whose parent or guardian has revoked such written consent,
1077	1077	19 or where such parent or guardian does not qualify to have a
1078	1078	20 Firearm Owner's Identification Card;
1079	1079	21 (c) A person convicted of a felony under the laws of
1080	1080	22 this or any other jurisdiction;
1081	1081	23 (d) A person addicted to narcotics;
1082	1082	24 (e) A person who has been a patient of a mental health
1083	1083	25 facility within the past 5 years or a person who has been a
1084	1084	26 patient in a mental health facility more than 5 years ago
1085	1085
1086	1086
1087	1087
1088	1088
1089	1089
1090	1090	HB3157 - 30 - LRB104 10710 BDA 20789 b
1091	1091
1092	1092
1093	1093	HB3157- 31 -LRB104 10710 BDA 20789 b HB3157 - 31 - LRB104 10710 BDA 20789 b
1094	1094	HB3157 - 31 - LRB104 10710 BDA 20789 b
1095	1095	1 who has not received the certification required under
1096	1096	2 subsection (u) of this Section. An active law enforcement
1097	1097	3 officer employed by a unit of government or a Department
1098	1098	4 of Corrections employee authorized to possess firearms who
1099	1099	5 is denied, revoked, or has his or her Firearm Owner's
1100	1100	6 Identification Card seized under this subsection (e) may
1101	1101	7 obtain relief as described in subsection (c-5) of Section
1102	1102	8 10 of this Act if the officer or employee did not act in a
1103	1103	9 manner threatening to the officer or employee, another
1104	1104	10 person, or the public as determined by the treating
1105	1105	11 clinical psychologist or physician, and the officer or
1106	1106	12 employee seeks mental health treatment;
1107	1107	13 (f) A person whose mental condition is of such a
1108	1108	14 nature that it poses a clear and present danger to the
1109	1109	15 applicant, any other person or persons, or the community;
1110	1110	16 (g) A person who has an intellectual disability;
1111	1111	17 (h) A person who intentionally makes a false statement
1112	1112	18 in the Firearm Owner's Identification Card application or
1113	1113	19 endorsement affidavit;
1114	1114	20 (i) A noncitizen who is unlawfully present in the
1115	1115	21 United States under the laws of the United States;
1116	1116	22 (i-5) A noncitizen who has been admitted to the United
1117	1117	23 States under a non-immigrant visa (as that term is defined
1118	1118	24 in Section 101(a)(26) of the Immigration and Nationality
1119	1119	25 Act (8 U.S.C. 1101(a)(26))), except that this subsection
1120	1120	26 (i-5) does not apply to any noncitizen who has been
1121	1121
1122	1122
1123	1123
1124	1124
1125	1125
1126	1126	HB3157 - 31 - LRB104 10710 BDA 20789 b
1127	1127
1128	1128
1129	1129	HB3157- 32 -LRB104 10710 BDA 20789 b HB3157 - 32 - LRB104 10710 BDA 20789 b
1130	1130	HB3157 - 32 - LRB104 10710 BDA 20789 b
1131	1131	1 lawfully admitted to the United States under a
1132	1132	2 non-immigrant visa if that noncitizen is:
1133	1133	3 (1) admitted to the United States for lawful
1134	1134	4 hunting or sporting purposes;
1135	1135	5 (2) an official representative of a foreign
1136	1136	6 government who is:
1137	1137	7 (A) accredited to the United States Government
1138	1138	8 or the Government's mission to an international
1139	1139	9 organization having its headquarters in the United
1140	1140	10 States; or
1141	1141	11 (B) en route to or from another country to
1142	1142	12 which that noncitizen is accredited;
1143	1143	13 (3) an official of a foreign government or
1144	1144	14 distinguished foreign visitor who has been so
1145	1145	15 designated by the Department of State;
1146	1146	16 (4) a foreign law enforcement officer of a
1147	1147	17 friendly foreign government entering the United States
1148	1148	18 on official business; or
1149	1149	19 (5) one who has received a waiver from the
1150	1150	20 Attorney General of the United States pursuant to 18
1151	1151	21 U.S.C. 922(y)(3);
1152	1152	22 (j) (Blank);
1153	1153	23 (k) A person who has been convicted within the past 5
1154	1154	24 years of battery, assault, aggravated assault, violation
1155	1155	25 of an order of protection, or a substantially similar
1156	1156	26 offense in another jurisdiction, in which a firearm was
1157	1157
1158	1158
1159	1159
1160	1160
1161	1161
1162	1162	HB3157 - 32 - LRB104 10710 BDA 20789 b
1163	1163
1164	1164
1165	1165	HB3157- 33 -LRB104 10710 BDA 20789 b HB3157 - 33 - LRB104 10710 BDA 20789 b
1166	1166	HB3157 - 33 - LRB104 10710 BDA 20789 b
1167	1167	1 used or possessed;
1168	1168	2 (l) A person who has been convicted of domestic
1169	1169	3 battery, aggravated domestic battery, or a substantially
1170	1170	4 similar offense in another jurisdiction committed before,
1171	1171	5 on or after January 1, 2012 (the effective date of Public
1172	1172	6 Act 97-158). If the applicant or person who has been
1173	1173	7 previously issued a Firearm Owner's Identification Card
1174	1174	8 under this Act knowingly and intelligently waives the
1175	1175	9 right to have an offense described in this paragraph (l)
1176	1176	10 tried by a jury, and by guilty plea or otherwise, results
1177	1177	11 in a conviction for an offense in which a domestic
1178	1178	12 relationship is not a required element of the offense but
1179	1179	13 in which a determination of the applicability of 18 U.S.C.
1180	1180	14 922(g)(9) is made under Section 112A-11.1 of the Code of
1181	1181	15 Criminal Procedure of 1963, an entry by the court of a
1182	1182	16 judgment of conviction for that offense shall be grounds
1183	1183	17 for denying an application for and for revoking and
1184	1184	18 seizing a Firearm Owner's Identification Card previously
1185	1185	19 issued to the person under this Act;
1186	1186	20 (m) (Blank);
1187	1187	21 (n) A person who is prohibited from acquiring or
1188	1188	22 possessing firearms or firearm ammunition by any Illinois
1189	1189	23 State statute or by federal law;
1190	1190	24 (o) A minor subject to a petition filed under Section
1191	1191	25 5-520 of the Juvenile Court Act of 1987 alleging that the
1192	1192	26 minor is a delinquent minor for the commission of an
1193	1193
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198	HB3157 - 33 - LRB104 10710 BDA 20789 b
1199	1199
1200	1200
1201	1201	HB3157- 34 -LRB104 10710 BDA 20789 b HB3157 - 34 - LRB104 10710 BDA 20789 b
1202	1202	HB3157 - 34 - LRB104 10710 BDA 20789 b
1203	1203	1 offense that if committed by an adult would be a felony;
1204	1204	2 (p) An adult who had been adjudicated a delinquent
1205	1205	3 minor under the Juvenile Court Act of 1987 for the
1206	1206	4 commission of an offense that if committed by an adult
1207	1207	5 would be a felony;
1208	1208	6 (q) A person who is not a resident of the State of
1209	1209	7 Illinois, except as provided in subsection (a-10) of
1210	1210	8 Section 4;
1211	1211	9 (r) A person who has been adjudicated as a person with
1212	1212	10 a mental disability;
1213	1213	11 (s) A person who has been found to have a
1214	1214	12 developmental disability;
1215	1215	13 (t) A person involuntarily admitted into a mental
1216	1216	14 health facility; or
1217	1217	15 (u) A person who has had his or her Firearm Owner's
1218	1218	16 Identification Card revoked or denied under subsection (e)
1219	1219	17 of this Section or item (iv) of paragraph (2) of
1220	1220	18 subsection (a) of Section 4 of this Act because he or she
1221	1221	19 was a patient in a mental health facility as provided in
1222	1222	20 subsection (e) of this Section, shall not be permitted to
1223	1223	21 obtain a Firearm Owner's Identification Card, after the
1224	1224	22 5-year period has lapsed, unless he or she has received a
1225	1225	23 mental health evaluation by a physician, clinical
1226	1226	24 psychologist, or qualified examiner as those terms are
1227	1227	25 defined in the Mental Health and Developmental
1228	1228	26 Disabilities Code, and has received a certification that
1229	1229
1230	1230
1231	1231
1232	1232
1233	1233
1234	1234	HB3157 - 34 - LRB104 10710 BDA 20789 b
1235	1235
1236	1236
1237	1237	HB3157- 35 -LRB104 10710 BDA 20789 b HB3157 - 35 - LRB104 10710 BDA 20789 b
1238	1238	HB3157 - 35 - LRB104 10710 BDA 20789 b
1239	1239	1 he or she is not a clear and present danger to himself,
1240	1240	2 herself, or others. The person receiving a mental health
1241	1241	3 evaluation shall provide all collateral records to the
1242	1242	4 physician, clinical psychologist, or qualified examiner
1243	1243	5 making the certification and the person shall attest, by
1244	1244	6 signature, that all collateral records have been provided
1245	1245	7 to the evaluator prior to the mental health evaluation.
1246	1246	8 The physician, clinical psychologist, or qualified
1247	1247	9 examiner making the certification and his or her employer
1248	1248	10 shall not be held criminally, civilly, or professionally
1249	1249	11 liable for making or not making the certification required
1250	1250	12 under this subsection, except for willful or wanton
1251	1251	13 misconduct. This subsection does not apply to a person
1252	1252	14 whose firearm possession rights have been restored through
1253	1253	15 administrative or judicial action under Section 10 or 11
1254	1254	16 of this Act.
1255	1255	17 Upon revocation of a person's Firearm Owner's
1256	1256	18 Identification Card, the Illinois State Police shall provide
1257	1257	19 notice to the person and the person shall comply with Section
1258	1258	20 9.5 of this Act.
1259	1259	21 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
1260	1260	22 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
1261	1261	23 5-27-22; 102-1116, eff. 1-10-23.)
1262	1262	24 Section 40. The Mental Health and Developmental
1263	1263	25 Disabilities Confidentiality Act is amended by adding Section
1264	1264
1265	1265
1266	1266
1267	1267
1268	1268
1269	1269	HB3157 - 35 - LRB104 10710 BDA 20789 b
1270	1270
1271	1271
1272	1272	HB3157- 36 -LRB104 10710 BDA 20789 b HB3157 - 36 - LRB104 10710 BDA 20789 b
1273	1273	HB3157 - 36 - LRB104 10710 BDA 20789 b
1274	1274	1 8.2 as follows:
1275	1275	2 (740 ILCS 110/8.2 new)
1276	1276	3 Sec. 8.2. Investigators and attorneys employed by the
1277	1277	4 Department of Financial and Professional Regulation;
1278	1278	5 inspection and copying of recipient records. An investigator
1279	1279	6 or attorney employed by the Department of Financial and
1280	1280	7 Professional Regulation investigating any provider of mental
1281	1281	8 health or developmental disabilities services who is a
1282	1282	9 licensee of the Department shall be entitled to inspect and
1283	1283	10 copy a recipient record or any part thereof upon the
1284	1284	11 presentation of a Department subpoena. A subpoena for records
1285	1285	12 issued to a federally assisted substance use disorder program
1286	1286	13 as defined in 42 CFR 2.12(b) must be accompanied by a court
1287	1287	14 order if required by 42 CFR 2.66. The Department shall notify
1288	1288	15 recipients upon receiving records obtained via subpoena.
1289	1289	16 Nothing in this Act prohibits the use of a recipients records
1290	1290	17 in an administrative proceeding conducted by the Department.
1291	1291	HB3157- 37 -LRB104 10710 BDA 20789 b 1 INDEX 2 Statutes amended in order of appearance HB3157- 37 -LRB104 10710 BDA 20789 b HB3157 - 37 - LRB104 10710 BDA 20789 b 1 INDEX 2 Statutes amended in order of appearance
1292	1292	HB3157- 37 -LRB104 10710 BDA 20789 b HB3157 - 37 - LRB104 10710 BDA 20789 b
1293	1293	HB3157 - 37 - LRB104 10710 BDA 20789 b
1294	1294	1 INDEX
1295	1295	2 Statutes amended in order of appearance
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	HB3157 - 36 - LRB104 10710 BDA 20789 b
1302	1302
1303	1303
1304	1304
1305	1305	HB3157- 37 -LRB104 10710 BDA 20789 b HB3157 - 37 - LRB104 10710 BDA 20789 b
1306	1306	HB3157 - 37 - LRB104 10710 BDA 20789 b
1307	1307	1 INDEX
1308	1308	2 Statutes amended in order of appearance
1309	1309
1310	1310
1311	1311
1312	1312
1313	1313
1314	1314	HB3157 - 37 - LRB104 10710 BDA 20789 b